Barker v. Hercules Offshore Inc.

The appellant witnessed a friend's death on a drilling rig attached to the Outer Continental Shelf. This suit was properly removed to federal court under the Outer Continental Shelf Lands Act grant of original federal question jurisdiction, regardless of whether maritime law provides the substantive rule of decision, and regardless of the citizenship of the parties. Because the appellant cannot show a genuine issue of material fact with respect to his claims under either Texas or maritime law, the district court's orders denying remand and granting summary judgment to defendants are affirmed. 5th U.S. Circuit Court of Appeals, No. 12-20150, 02-01-2013.

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